Metro New Orleans Miscellany

First up is the Jefferson Parish Hospital debacle. I have sources that are telling me that Chris Roberts was right about HCA’s numbers not adding up. As unlikely as that appears it’s a subject well worth exploring in greater detail, especially given the 4-3 votes of late on the Hospital privatization process.

Next up are a couple of links from Gordon Russell over at the Advocate as today’s word for the day is Prescient as Slabbed once again takes a few minor victory laps.

Nagin’s lawyer failed to impress, but lackluster defense unlikely grounds for appeal

Analysis: Why Key Figure in Nagin case was never charged

And we have this from Drew Broach over at NOLA.

Aaron Broussard moves to federal prison in Tallahassee, Fla

FCI Tallahassee lists itself as a female prison thus it is not likely Broussard would end up there permanently.  I did notice there is a detention center at this facility as well. I continue to hear the former Goatherder in Chief is headed for Pensacola. We’ll see.

Deadbeat Judgment Debtors: They still owe me for the first try.

I hear Team Goatherder is trying, via listserv, to solicit representation for a redo of the SPEECH Act case Trout Point Lodge, Charles Leary and Vaughn Perret recently lost to me in a precedent setting decision.  I guess it is time I solve a mystery for all the national law bloggers that wrote about the case.

The court ruled the way it did on the default because we agreed to try the case on cross motion for summary judgment, which you lawyers know means there could be no dispute of material facts.  So I took a mulligan and stipulated to all the crazy stuff Trout Point Lodge, Leary and Perret said in their nonsensical complaint, including being the sole author of all the posts and comments made to the blog, something they absolutely knew to be untrue when they plead it since they had been previously conducting a witch hunt against Slabbed for Aaron Broussard in their Louisiana Media SLAPP suit for 5 months previous. That is the tip of the iceberg.

A plain read of the SPEECH Act indicates I am entitled to have their defamation allegations heard right here on the Gulf Coast, in full and this time there won’t be any stipulations on a cross MSJ. Continue reading “Deadbeat Judgment Debtors: They still owe me for the first try.”

Nova Scotia Supreme Court: Ignorant and damn proud of it.

Nova Scotia Supreme Court continues to lend aid and comfort to the disgraced Aaron Broussard’s unindicted co conspirators.

Folks this judgment is as worthless as the first as the Nova Scotia Courts double down on their ignorance as well as reinforce the province’s reputation for being Canada’s most backward. My quick math indicates I tied the previous record for worthless Nova Scotia defamation judgements which is fitting. I will have more on this a bit later.

This is exactly why Mississippi needs to pass House Bill 44 to give us more protection from libel terrorism havens such as Nova Scotia Canada:

Trout Point Lodge Ltd v  Handshoe (2014 NSSC 62)

Trout Point Lodge Ltd v Handshoe (2014 NSSC 62)

It took days to seat a jury in the Broussard Katrina pump flood case…..

Shazam! Team Nagin managed to do the same task in a higher profile case in a day and then off we zoom to opening arguments. Here is the takeaway the lawyers are talking about from NOLA.com’s live coverage:

3:27 p.m.: Jenkins’ presentation is scattershot. It doesn’t even sound like he made an outline. Prosecuors on the other hand laid everything out in a highly detailed and organized presentation, illustrated with PowerPoint slides.

3:35 p.m.: Jenkins just wrapped up. He free-styled the entire thing. Didn’t even have notes. Coman, meanwhile, had his prewritten, it seems.

The entire Team Nagin extravaganza took 12 minutes. My mind is open to the possibility Ray Ray gets over 20.

Now folks, this greatly warms the cockles of my heart

I think we need a name for Mississippi House Bill 44 such as Leary’s law or the SLAPP Happy Nut job Foreign Judgment Non Enforcement Act of 2014. I imagine the folks in officialdom in Nova Scotia, now known for being a defamation haven from which felonious politicians and their close business associates can sue their US based critics will be paying close attention to the bill sponsored by State Representative Jeffrey Smith from District 39, which has now been referred to the House Judiciary A Committee. Editorially Slabbed New Media is 100% behind House Bill 44. The preamble from Section 1 well explains:

The Legislature finds that it is the public policy of this state to protect its citizens from the application of foreign laws when the application of a foreign law will result in the violation of a right guaranteed by the Constitution of this state or of the United States, including, but not limited to, due process, freedom of religion, speech, or press, and any right of privacy or marriage as specifically defined by the Constitution of this state.

How about some lovely music from the incomparable Babs:

Rope n throw n brand ’em: Tim Whitmer contradicts Aaron Broussard’s sworn testimony in the Broussard Flood suit.

Yes he did and that pesky ol’ Mount Hermon Louisiana keeps coming up time and again! Ol’ Aaron is making quite the convenient whipping boy there in his Granville County North Carolina prison cell.  Hows about some links folks:

Former top aide contradicts Broussard on pump operators’ evacuation ~ Chad Calder

Aaron Broussard knew of pump operator evacuations before Katrina, aide says ~ Paul Purpura

Editorially Slabbed believes that Broussard purposely ordered the pump operators away from their stations so as to be able to cash in on the resulting graft opportunities. We’ll see what the jury says soon enough.

Speaking of Broussard and his group of cronies, David Loeb, one of the gang that swore an affidavit for Trout Point Lodge in their Nova Scotia SLAPP suit against Louisiana Media Company has popped up again in the news like a bad penny this time wearing a wire on Ray Reggie, the former brother in law of the late Ted Kennedy: Continue reading “Rope n throw n brand ’em: Tim Whitmer contradicts Aaron Broussard’s sworn testimony in the Broussard Flood suit.”

The Heart of the Matter: Exhibits F & G

Last February I wrote to Nova Scotia Supreme Court Justice Pierre Muise regarding the submission of false and misleading aka perjured affidavits by Charles Leary in the Louisiana Media LLC case in Nova Scotia, a lawsuit to which Slabbed was not a party but which Leary, on behalf of Aaron Broussard used as a vehicle to conduct a witch hunt for his New Orleans metro area based detractors. Despite knowing who I was neither the courts nor Leary gave me notice of any of a multitude of proceedings held in Yarmouth Nova Scotia fishing for IP addresses on commenters to this website. Left out of the letter to Justice Muise but a document which he should surely be aware is the following affidavit sworn by Charles Leary on May 12, 2011, 8 days after they sent their in-house troll Chris Yount to serve undated papers on my wife at our residence in Bay St Louis. Leary on behalf of Broussard and Trout Point Lodge Ltd. clearly misleads the court as to my identity. We’ll call it Exhibit F.

tpl-leary-may12-aff0001

From late May until October 2011, Charles Leary on behalf of Broussard and company, abused legal processes in their lawsuit against Louisiana Media Company multiple times in their paranoid witch hunt for Broussard’s detractors including time periods after they had formally filed suit against me in Nova Scotia. But that is not all that was happening in the Louisiana Media case no siree.  You see folks in that suit Charles Leary and Vaughn Perret were telling a different story about how the Fox 8 reports on Aaron Broussard’s Nova Scotia bribery and money laundering scheme had damaged the Lodge.  In fact here is their exact damages pleading:

89. As a direct result of defamatory broadcasts made by the defendant, third parties with whom the plaintiffs enjoyed longstanding business relationships have decided to depart from any and all contacts with Trout Point and Nova Scotia, withdrawing investment and selling property to plaintiff’s detriment.

That’s right folks, Leary, Perret and Trout Point Lodge, on behalf of Aaron Broussard and others actually plead that their damages were caused by the disruption of their business relationship with Nova Scotia Enterprises, the entity that was identified by prosecutors as a Broussard bribery scheme.  Never mind NSE never owned anything in Nova Scotia and was never registered to do business in Nova Scotia because when you make it up as you go and are willing to swear false affidavits to back up the lies, the Nova Scotia defamation scene was truly the Broussard and Company’s oyster. Continue reading “The Heart of the Matter: Exhibits F & G”

Holiday Season Special: Easy as Exhibits A, B & C

The following has very profound implications:

Exhibit A ~ The official word on a few of former Jefferson Parish President Aaron Broussard’s many other criminal acts:

  • Broussard’s receipt of a major ownership interest in a company holding Canadian resort property for little or no capital contribution, which was instead supplied by various Parish vendors

Beginning in or around 2002, a company named Nova Scotia Enterprises, LLC (“NSE”), was formed. See Exhibit A at 1-5 (Articles of Organization and Initial Report of NSE). NSE was a holding company for several pieces of vacation rental property located in the Canadian province of Nova Scotia. See Ex. A at 11 (Operating Agreement of NSE at Section 2.3, noting purpose of company is to acquire and own real property). At various times from 2002 through 2010, there were up to twelve partners in NSE – many of which were Jefferson Parish contractors or prospective contractors. See id. at 32-34 (attachments to NSE Operating Agreement). Broussard was also a partner in NSE. See id. at 34. However, unlike almost every other partner in NSE, Broussard was given a large, 42% interest in NSE for a small capital contribution to the company. See id, at 34 (reflecting Broussard’s ownership interest) & 56 (NSE spreadsheet reflecting contributions made by NSE partners and noting that Broussard’s contribution as approximately $782.60). By contrast, nearly $50,000 was contributed by several other NSE partners for the upkeep and maintenance of properties. See id. at 56. Significantly, many of the NSE investors who supplied the vast majority of the funds obtained a much smaller ownership interest than Broussard in NSE. See id, at 32-34 (reflecting 3% or 6% interest obtained by other partners in NSE). Most importantly and not coincidentally, during Broussard’s tenure, many of the NSE partners, through their various corporations, received contracts with, and work in, Jefferson Parish, worth millions of dollars, at the same time they were funding NSE and Broussard’s corporate interest in it. Finally, Broussard sought, at the conclusion of his tenure as Parish President, to sell his ownership share in NSE – which was purchased for very little – for nearly $200,000, an extraordinary return on the minimal investment supplied by Broussard. See id. at 57-60 (correspondence and promissory note regarding Broussard sale). Thus, in sum, the Government will present evidence reflecting that various Jefferson Parish vendors (who sought and received work when Broussard was Parish President) supplied investments (a thing of value) for a company owned, in large part, and managed by, Broussard. See Exhibit A at 1-60.

Exhibit B ~ Real Estate Abstracts obtained by Slabbed New Media in 2011 and 2012 on the property in question Continue reading “Holiday Season Special: Easy as Exhibits A, B & C”

Today’s Auditing Moment: Rental Real Estate Transactions and Money Laundering. (Part 1)

CPAs that perform audits of financial statements under the Codified Generally Accepted Auditing Standards are typically well versed in the standards and practices detailed therein but to the extent continuing education on the topic of auditing often focuses on notable audit failures such as those involving ENRON and Mississippi’s own WorldCom along with a host of others dating back to the 1920s the study of what went wrong is both natural and needed.  Out of the ENRON and WorldCom disasters came a host of new auditing standards. I particularly thought the AICPA did a good job with AU Sections 314, 316 and 317 which deal with understanding the entity in question, and the risks associated with the entity including fraud and illegal acts.

Today, the realities of the post Katrina Mississippi coast is the growth of the rental real estate in terms of sheer number of units, often built solely as a result of post Katrina taxpayer subsidies.  The number of units constructed has resulted in a market overcapacity and that in turn impacts the monthly price of the rentals.  With insurance sky high the top and bottom line squeeze on the owners of the units can lead to pressure to do some very unsavory things. Let’s begin with the National Association of Realtors Anti Money Laundering page:

The crime of money laundering continues to be a growing area of concern in the United States. Therefore, law enforcement agencies and the financial sector devote considerable time and resources to combatting these illegal financial activities. However, many non-financial businesses and professions are also vulnerable to potential money laundering schemes.

Real estate professionals are a category of the non-financial business sector that may encounter persons engaging in money laundering activities. The purpose of this fact sheet and suggested voluntary guidelines is to increase real estate professionals’ awareness, knowledge, and understanding of the potential money laundering risks surrounding real estate and enable them to identify practical measures to mitigate the risks.

It is at this point that I’ll observe that while most people understand the concept of money laundering in a general sense they do not understand the specific elements so here it the skinny:

The actual process of money laundering is a three step process that is initiated by introducing the illegal proceeds into the financial system, e.g., breaking up large amounts into small deposits or by purchasing financial instruments, such as money orders, which is referred to as placement. This is typically followed by distancing the illegal proceeds from the source of the funds through layers of financial transactions, referred to as layering, and finally by returning the illegally derived proceeds to the criminal from what appears to be a legitimate source, known as integration.

So there we have it folks, money laundering is a three step process defined by 1. Placement 2. Layering and 3. Integration but this is different from the legal definition of the crime of money laundering. Here in the US, I find the FBI primer page on the topic to be very useful because in the US the crime of money laundering is just a 2 step process: Continue reading “Today’s Auditing Moment: Rental Real Estate Transactions and Money Laundering. (Part 1)”

The headline could have easily read…..

5 Sun Herald attorneys from Jones Walker working with Aaron Broussard and pals to shut Slabbed down.

Naw folks, the Sun Herald only cares about the First Amendment and public records when it is their own ox being gored.

Five attorneys working for Mississippi to keep records from public ~ Anita Lee

Speaking of the Goatherders, I have a dynamite update coming as the gang has made some stunning admissions in Canadian court filings.